Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-15

335 pc. cent OF the amount of the bill, and
was TO oeai his own expenses. The de-
fendent then went to Red Bluff, and hire
ing an attorney there, succeeded in obtain
ing the amount of the note but the law
yer's fees were $25. Witness said that
Dodge had never paid the amount over I'M
Ill yesterday morning, when he wrote
pIOmissory note for S227. Witness wrote
letters to defendant demanding payment
several times, ard also since the arrest
Defendant had never at any time previous
to yesterday morning offered to make set
tlement Dodge said once that he would
not pay it, and at another time that he had
not the money to square the bill.
lincoln White, defendants attorney,
asked of the witness who were the origi-
nal owners of the notes" The witness OBJ
jected to the question, claiming that it was
irrelevant and incompetent. Defendants
attorney said he merely wished TO prove
that the notes were fraudulent, and that
defendant did not make the return believ-
ing that he would be arrested for demand
ing payment of the same. The Court sus-
tanned the objection.
J. NJ. Sullivan, day jailer at the police
station, was next sworn by the prosecution.
He testified that he had arrested Dodge and
that the latter had told him about the
IL.
thieves against thieves and
DID THE BOYS UP."
Defendant also said that he had collected
the money for the notes, and had since
learned that they were worthless. Witness
rather sympathized with the defendant and
tried to help him along
The prosecution rested the case here, and
Immediately Mr.. White, defendants attor-
ney, moved that an order of dismissal be
made, as the prosecution had failed to make
their case. After little debate. Mr.. John
son, the prosecuting witness, said he would
be willing to dismiss the case, as, like every
body else, he cared for nothing but his
money, and that having been paid he was
satisfied.
Counsel for the defendant then arose and
demanded that the case be further heard, as
defendant did not want to be dismissed as
favor, but wanted the verdict Of the Court
as evidence of his innocence.
Charles Heisen was then placed on the
stand for the defense, and, in proof that de-
PENDANT had money, stated that Dodge had
deposited sums of money with him {Hei-
SEM amounting to about $270.
The defendant was then sworn and testi-
fled as to his going to Red Bluff to collect
the notes. He stated that he did get 1925,
$25 being used as fee for the attorney who
assisted in securing the payment. He
afterwards found that this note and others
that he had received payment for were
worthless, though he did not believe that
Mr.. johnson, the owner, knew Of that fact.
He thought he would get
INTO SEA OF TROUBLE"
And, therefore, was afraid to make known
his whereabouts. He was about to write q
letter to Mr. Johnson and, in order that
his whereabouts might not be known, TO
send it to his brother in Auburn, who in
turn would forward it from there to Sacra-
mento. He was, however, arrested before
he got time TO mail the documents The
letters were offered in evidence.
The following letter was also put in evil
dence:
AUBURN, November %, 1857
Albert NJ. johnson. Esq. Yours received and
contents noted. / shall call and see YOU on
Monday next. | have received the money on
the Ryan note. l have received letter from
Mrs. Garrison, at Modesto, threatening me with
arrest unless l return to her the money col
lected from her last September on her and her
husband notes. Either you, Kendall or Hall
have made a damned fool move in the matter
and now look for nothing but sea of trouble
in the near future to come. | shall make no
move until see you in the matter. Yours, re-
spectfully, CHAs. DODGE.
Dodge stated that he had gore to W. s.
Kendall, one of the owners of the note,
and had offered to pay the money but
Kendall would not accept it, unless Dodge
would sign the document. Defendant
stated that he could net, without commit
ting the crime of perjury, sign the affidavit,
which was as follows:
This is to certify that I, Charles Dodge. of
Sacramento, do hereby sta .e aud sign that at
| one time did so to Chief Dillman, and to various
other parties, and did IT present and state to
them that W. S. Kendall cid conspire with me
| to rob and murder one E. ii. Simpson. Now |
hereby retract all of said accusations and state
that what at that time represented was false
and untrue in every part cular, and that my
| sole purpose in doing said act and making such
| representations was to extctrt money from the
said W. S. Kendall, and furthermore that he
never did conspire With me, or any one else to
| my knowledge, to rob, cheat defraud or murder
SAID Z. NJ, Simpson or any other person aud
that could not, without committing the crime
OF perjury, have sworn to the same.
Furthermore | also state that | have circu-
lated and bruited round about the county false
| and untrue reports affecting the character and
good standing of W. p Coleman. Now | also
| retract the same and state that l have never
been in any position to know anything as re-
CARDS him or his affairs or business in any way,
and that as far as know, he is an honorable
| man, and that what have ever at any time
1 stated to the contrary is false and untrue
also state that make this affidavit of my own
| free will and accord.
| December s, 1887. VI
| bOb5C oioO piChbSCh lCOtl HIlllSU DN
Johnson to Kendall which stated that $277
would be satisfactory, anil that Dodge
would arrange the other matters relative
to having the case dismissed in the Police
Court
In relation TO it Dodge stated that when
he went to make the settlement they de.
manded $25 extra, which Johnson told him
was to fix Sullivan and Hart, the jailer
and City Attorney respectively.
The City Attorney then took the stand
and said that he had had no conversation
with Dodge relative to the matter, and did
not know what that fixing business re-
ferred to. He did nothing in the case
other than fill out the complaint which
was sworn TO by A. NJ. Johnson.
Mr.. Johnson then asked permission tc
take the stand, and explained how Sulii
vans name was mentioned. The City
Attorneys name, he stated, was never once
mentioned.
| The case on both sides rested here, anC
the Court discharged the defendant
1